accused, the indicated mechanism of documentation is not properly used by the doctors of the establishments. This finding is based on the following data: In 2020, 37 defendants entering the penitentiary establishments indicated that they had received injuries after the arrest, while 40 defendants indicated that injuries had been received at the time of the arrest.94 In the mentioned 77 cases, taken into account that the injuries had been received during a detainee being under the police control, regardless of whether or not the person reported ill-treatment, the doctor still had sufficient preconditions for suspicion. Despite this, out of the mentioned 77cases only 10 cases were documented and 67 cases remained beyond proper attention. In this regard the information provided by the State Inspector of Georgia on the facts of violence against prisoners is interesting. In particular, according to the information provided, in connection with the alleged fact of physical and/or psychological violence against prisoners by penitentiary staff in 2020, an investigation was launched into 30 criminal cases. The investigation of 25 of the 30 cases was based on information received from the application/complaint sent by the prisoner. This indicates that these detainees were allegedly subjected to violence in penitentiary establishments, although they did not contact the institution's doctors to establish the facts of the violence or the doctors did not/could not detect any cases of violence95. Thus, for example, according to one of the convicts in the N6 penitentiary facility, after the physical violence against him by the employees of the facility, he was injured. Within minutes of the violence, staff arranged his meeting with facility's doctor, which they also attended themselves and told the doctor not to report any injuries. After this incident, the convict was in the deescalation room for about 6 days and periodically requested a meeting with a doctor to describe his injuries, although the doctor did not come to him. Moreover, in one case, a prisoner in the N8 penitentiary facility explained that he had suffered injuries after being physically abused by the facility staff, although the facility's medical staff refused to document the injuries. In the opinion of the Public Defender, the fact that the alleged violence in penitentiary institutions are not documented in accordance with the above-mentioned rule significantly hinders their investigation. In particular, in most cases, the reports to the State Inspector Office in the form of a statement/complaint is delayed, which makes it difficult to find evidence related to the case. For example: the State Inspector's Office could not receive video recordings of 6 criminal cases from the Special Penitentiary Service, as the time of keeping the video recordings had expired at the time of receiving the reports: in 4 cases it was one month and in 2 cases it was 5 days. In the 8 criminal cases, a medical examination could not be ordered because the alleged victims no longer had injuries and the injuries were not documented by the doctor.96 In the above cases, due to the late receipt of the reports, the Inspector's Office was unable to obtain neutral evidence. Letter №287296/01 of December 3, 2020 and letter №19225/01 of January 27, 2021 of the Medical Department of the Special Penitentiary Service of the Ministry of Justice of Georgia. 95 Accordingly, the prisoners provided information to the investigating authority without applying to the above mechanism. 96 Letter of the State Inspector of December 8, 2020 SIS 2 20 00020027. 94 47

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents